Cooper

Plaintiff Verdene Cooper appeals the dismissal on general demurrer of her complaint for personal injuries against defendants Amtrak (National Railroad Passenger Corporation) and the Atchison, Topeka and Santa Fe Railway Company.

Plaintiff, a passenger on defendants’ railroad train on 24 June 1972, in her first count charged negligence as follows: “At said time and place, plaintiff had boarded defendants’ train while in an intoxicated] condition and defendants knew, or in the exercise of reasonable care, should have known of the plaintiff’s said intoxicated condition.

“At said time and place, defendants, and each of them, negligently failed to provide safe passage for plaintiff and to properly care for plaintiff by selling further intoxicating beverages to plaintiff and thereby causing her to become more intoxicated and less able to provide for her own safety and welfare.

“Defendants, and each of them, were further negligent in the operation of their train by failing to provide a safe toilet facility for a carrier such as a railroad train, and for a passenger such as plaintiff.

“As a proximate result of defendants’ negligence, plaintiff was caused to fall violently…